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Legal action against wife for marrying other person without divorce


14-Nov-2023 (In Divorce Law)
Hi sir/ madam, we both hindu, We have married 5 years back.. But recently my wife has married another person without aware of mine.. But i found it earliest. The other side her second husband don't know about our first marriage as my wife managed there. Now please can u clarify me one thing that can i suit a case against my wife and her second husband at a time? Please suggest me best possible action against both as my wife has cheated me very bad..
Answers (3)

Answer #1
598 votes
In this case the other man can be charged under two serious counts i. Adultery, ii. Bigamy. Whereas your wife can be charged under Bigamy only. Further you can use the same grounds to get your marriage dissolved under the grounds of adultery and bigamy. Provided you have proper evidence of her second marriage.
Answer #2
865 votes
Dear Sir,

First of all, collect proof of solemnization of second marriage with essential rites (ceremony) applicable to your wife and her second husband which is must for conviction for bigamy. Then, file a private complaint under Section 494, 420 and 495 IPC against your wife (1st Accused) and the second husband (2nd Accused) in the concerned First Class Judicial or Metropolitan Magistrate court and proceed further.
Answer #3
708 votes
Sir, You can file case of Bigamy against your spouse and its an offence under Indian Penal Code, 1860. Simultaneously you can even institute a case of cheating as well. In the light of the above, kindly take the legal course at the earliest.
Regards,
Adv.Balachander Reddy,B.Com,LL.B,LL.M IPRs,
Advocate

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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